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Policy on Sexual Harassment, Sexual Assault, Domestic Violence, Dating Violence and Stalking

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Policy on Sexual Harassment, Sexual Assault,

Domestic Violence, Dating Violence and

Stalking

Sarah Lawrence College is an intellectual community founded on mutual respect and is committed to providing a living, learning, and working environment that is free from sexual harassment and sexual violence. Sarah Lawrence College prohibits the offenses of sexual harassment, sexual assault, domestic violence, dating violence, and stalking (as defined by the Clery Act).

Such offenses can impair or limit the educational and occupational opportunities of any person at Sarah Lawrence and have no place in this community. This policy applies to all Sarah Lawrence students, both undergraduate and graduate, regardless of where the incident(s) occurred. This policy also applies to Sarah Lawrence College employees (faculty, staff, and student employees). This policy defines unacceptable behavior, identifies resources for persons who have

experienced a sexual offense or stalking, and describes the College’s prevention and education efforts. The discipline process for alleged violations of this policy can be found in the Student Handbook here (for violations allegedly committed by students) and on MySLC here (for violations allegedly committed by faculty, staff, or student employees).

Sexual offenses are prohibited under New York State and federal laws and may be prosecuted in the criminal justice system. Legal definitions may vary from definitions used by the Sarah Lawrence community as outlined here. Pursuing campus resolution does not preclude one from pursuing legal action or seeking the assistance of law enforcement authorities now or in the future; similarly, the pursuit of legal action and/or reporting the conduct to the police does not preclude pursuit of campus resolution under this policy and the corresponding discipline process. Please see the appendix at the end of this policy, as well as the Student Handbook for a list of relevant local, state, and federal laws.

Anyone can experience sexual harassment, stalking and/or sexual violence regardless of gender or sexual orientation. Perpetrators also can be anyone: a stranger, someone you have known for a long time, or someone you have just met.

The College has named Dean Allen Green as its Title IX Coordinator; his role is to oversee College compliance with Title IX regulations. Dean Green will:

1. Serve as a resource for students wishing to report any acts of sexual violence or sexual harassment, i.e., violations of Title IX.

2. Provide oversight for all Title IX complaints and identify patterns, issues or problems re: those same complaints. Note that as Title IX Coordinator, Dean Green is a resource and a facilitator, but does not have a role in the sexual assault/harassment investigation,

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2 hearing, and/or discipline process which can be found in the Student Handbook here (for violations allegedly committed by students) and on MySLC here (for violations allegedly committed by faculty, staff, or student employees).

3. Review and support the informational initiatives enabling students, staff, and faculty to fully understand sexual violence and sexual harassment as forms of sexual discrimination and further educate the community about College policy and procedures.

Dean Green’s office is located in Westlands. His extension is 2527 and his e-mail address is agreen@sarahlawrence.edu.

Definitions of Prohibited Conduct

Sexual Harassment: Sexual harassment is defined as unwelcome sexual advances or requests for sexual favors or other unwelcome verbal or physical conduct of a sexual nature when submission to or rejection of such advances, requests, or conduct is made, either explicitly or implicitly, (i) a term or condition of educational benefits, privileges, or placement services or as a basis for the evaluation of academic achievement of a student or (ii) a term or condition of employment or a basis for employment decisions concerning any employee.

Sexual harassment is also defined as unwelcome sexual advances or requests for sexual favors or other unwelcome verbal or physical conduct of a sexual nature that are so severe or pervasive that they have the purpose or effect of unreasonably interfering with a student’s education or an employee’s work performance or of creating an intimidating, hostile, humiliating, or sexually offensive educational, living, or working environment, when judged by the standards of a reasonable person.

Sexual harassment also includes stalking, as defined by the Violence Against Women Act (VAWA). The definition of stalking as set forth in the VAWA law is discussed below, in the section entitled 2013 Violence Against Women Act Section 304 and is defined in Appendix 4. Sexual harassment does not refer to compliments or other behavior of a socially acceptable nature. It does not refer to discussions of material with a sexual component which might offend some but which was introduced in class or conference for intellectual purposes.

Sexual Assault: Sexual assault is defined as having sexual contact or sexual intercourse with another individual without consent. Under federal law Sexual Assault is defined as an offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s Uniform Crime Reporting (UCR) program. Per the National Incident-Based Reporting System User Manual from the FBI UCR Program, a sex offense is “any sexual act directed against another person, without the consent of the victim, including instances where the victim if incapable of giving consent. See Appendix 1 for the full federal definitions.

Sexual contact includes intentional contact with the intimate parts of another, causing another to

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3 may include the breasts, genitals, buttocks, groin, mouth, or any other part of the body that is touched in a sexual manner. Sexual contact also includes attempted sexual intercourse.

Sexual intercourse includes vaginal or anal penetration, however slight, with a body part (e.g.,

penis, tongue, finger, hand, etc.) or object, or oral penetration involving mouth to genital contact. Sexual assault also includes Dating Violence and Domestic Violence, as defined by the Violence Against Women Act, if the violence involved fits the definition above.

2013 Violence Against Women Act Section 304

The Violence Against Women Act and its proposed regulations also require the inclusion of certain Federal and New York State definitions in a campus’s Annual Security Report and that those definitions be provided in campaigns, orientations, programs, and trainings for employees and students. Definitions required include: consent, dating violence, domestic violence, sexual assault, and stalking.

Dating Violence: The term “dating violence” means violence committed by a person (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) the length of the relationship; (ii) the type of relationship; (iii) the frequency of interaction between the persons involved in the relationship. For the purposes of this definition Dating Violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence. For the purposes of complying with the requirements of this section and federal regulations, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.

New York State does not specifically define “dating violence.” However, under New York Law, intimate relationships are covered by the definition of domestic violence when the act constitutes a crime listed elsewhere in this document and is committed by a person in an “intimate

relationship” with the victim.

Domestic Violence: The term “domestic violence” includes felony or misdemeanor crimes of violence committed by the current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction. For the purposes of complying with the requirements of this section and federal regulations, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.

New York State defines domestic violence as an act which would constitute a violation of the penal law, including, but not limited to acts constituting disorderly conduct, harassment, aggravated harassment, sexual misconduct, forcible touching, sexual abuse, stalking, criminal

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4 mischief, menacing, reckless endangerment, kidnapping, assault, attempted murder, criminal obstruction or breaching of blood circulation, or strangulation; and such acts have created a substantial risk of physical or emotional harm to a person or a person’s child. Such acts are alleged to have been committed by a family member. The victim can be anyone over the age of 16, any married person, or any parent accompanied by his or her minor child or children in situations in which such person or such person’s child is a victim of the act.

Stalking: The term “stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to (A) fear for his or her safety or the safety of others; or (B) suffer substantial emotional distress. For the purposes of this definition Course of

conduct means two or more acts, including, but not limited to, acts which the stalker directly,

indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, or interferes with a person’s property. Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling. For the purposes of complying with the requirements of this section federal, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting. New York State defines stalking in various progressive degrees to include when a person intentionally engages in a course of conduct directed at a specific person, and knows or reasonably should know that such conduct is likely to cause reasonable fear of harm to that person or such person’s family. For a full definition of stalking under New York State law, refer to the appendix at the end of this policy.

Affirmative Consent

Affirmative consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity, or gender expression.

A. Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act.

B. Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.

C. Consent may be initially given but withdrawn at any time.

D. Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the

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5 degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent.

E. Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.

F. When consent is withdrawn or can no longer be given, sexual activity must stop. For a definition of consent under New York State law, see the Student Handbook; Appendix 1.

Statement about Relationships between Students and Employees

The College considers it unwise for faculty, staff, or contractors to engage in sexual relationships with students, or for department heads or supervisors to engage in sexual relationships with employees under their supervision and potentially subject to their judgment concerning

personnel actions, and therefore strongly advises against engaging in such behavior. While both parties may consider the relationship a matter of mutual consent, the imbalance of power and authority and the potential for manipulation and misunderstanding inherent in such relationships can undermine the freedom and equity of the academic and work setting. All members of the Sarah Lawrence community should be aware that initial consent to a sexual relationship does not preclude the potential for charges of sexual harassment, sexual misconduct, or sexual assault should consent be withdrawn by either party.

Faculty members may not engage in sexual relations or romantic relationships with students who are in their classes or with students with whom they are in a formal advisory relationship or with students whose academic work is currently being evaluated by the faculty member.

As a condition of employment, Public Safety, Operations and Facilities, Student Affairs, and Health and Wellness staff members may not engage in sexual relations or romantic relationships with students regardless of whether the student consents to such interaction.

As a condition of employment, members of the Physical Education and Athletics staff may not engage in sexual relations or romantic relationships with any student-athletes or any student employee of the Physical Education & Athletics Department regardless of whether the student consents to such interaction.

Enforcement of This Policy

The College will promptly investigate all reports of sexual harassment, sexual assault, domestic violence, dating violence and stalking. It will take necessary steps to remedy such situations unless the reporting individual wishes to maintain confidentiality and requests that a name or other identifiable information not be shared with the respondent or does not consent to the institution’s request to initiate an investigation. The Title IX coordinator must weigh the request against the institution’s obligation to provide a safe, nondiscriminatory environment for all

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6 members of its community and will make the determination as to whether or not an investigation must be conducted.

If you choose not to make a complaint regarding an incident, you nevertheless should consider preserving evidence in the event that you decide to report the incident to law enforcement or the College at a later date to assist in proving that the alleged criminal offense occurred or that may be helpful in obtaining a protection order. This evidence may include instant messages, social networking pages, other communications, and keeping pictures, logs or other copies of

documents, if they have any, that would be useful to college adjudicators/investigators or police. All students and employees are expected to cooperate fully with any sexual offense investigation. The College does not tolerate retaliation or discrimination against any person and/or their family and friends who bring forward a report, who cooperates in the investigation of a report, or who participates in the discipline process for an alleged violation of this policy. Anyone who believes they have been retaliated against as a result of their involvement with an investigation and/or discipline process for an alleged violation of the Sexual Harassment and Sexual Assault Policy should report the alleged retaliation to the AVP for Public Safety and Security immediately. An independent investigation will be conducted and appropriate disciplinary action will be taken, up to and including suspension or expulsion from the College, in the case of a student, and up to and including termination of employment, in the case of an employee.

Who Can You Talk To?

Confidential vs. Nonconfidential Communications

In times of distress it can be confusing to figure out whom you can contact to obtain information about your options and resources both on and off campus. Depending on whom you choose to speak with, there are limits on the confidentiality of the information shared. Before making a decision about who to talk with, you may want to consider the following.

Confidential Communications: Confidential communications are those communications which legally cannot be disclosed to another person, without the reporter’s consent, except under very limited circumstances such as an imminent threat or danger to self or others.

Examples of confidential communications include those with:

 Sarah Lawrence College Health and Wellness counseling staff (psychiatrists, psychologists, clinical social workers, etc.)

 Sarah Lawrence College Health and Wellness medical staff (physicians, nurses, or nurse practitioners)

 The Sarah Lawrence College on-call doctor

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7 Nonconfidential Communications: The College is required by law to investigate and respond to reports of sexual harassment and sexual assault. The law also makes many college employees, other than those referenced in the Confidential Communications passage above, Mandated Reporters with respect to claims of sexual harassment or sexual assault, even if those employees have been requested by the person confiding in them to keep the discussion confidential. Even College offices and employees who cannot guarantee confidentiality will maintain your privacy to the greatest extent possible. The information you provide to a nonconfidential resource will be relayed only as necessary for the AVP for Public Safety and Security to investigate. If the

reporting individual does not wish to make a formal complaint or provide a name or other

identifiable information, the Title IX Coordinator must weigh the request against the institution’s obligation to provide a safe and nondiscriminatory environment for all members of its

community and will make the determination as to whether or not an investigation must be conducted.

Personal identifiable information about the victim will be treated as confidential and only shared with persons with a specific need to know who are investigating/adjudicating the complaint or delivering resources or support services to the complainant. Sarah Lawrence College does not publish the name of crime victims nor house identifiable information regarding victims in the campus public safety department’s Daily Crime and Fire Log. Victims may request that directory information on file be removed from public sources by contacting SLC Registrar Daniel Licht at (914) 395-2301/2.

Examples of nonconfidential communications include those with:

 Residence Life staff members including resident advisers (RAs) and graduate hall directors (GHDs)

 Student Affairs staff

 Public Safety staff

 All faculty members, including dons

 All other College employees (with the exception of Health and Wellness staff) Nonconfidential reporters will make every effort to refer you to confidential reporters as

described above before you have disclosed a situation that requires a response and investigation. Once notified of an event, a nonconfidential/mandated reporter must report it to the AVP for Public Safety and Security.

Reporting to Law Enforcement

It is your decision whether or not to file a criminal report. If you decide to file a criminal report, the College will assist you in contacting the Yonkers Police Department. When the police come to campus, they will take your statement and ensure that you are physically safe. They will interview you about what happened. The interview is conducted in private, but you can request to have a member of Security, a friend, or another adviser or supportive person accompany you if you wish. The police will get as much information as possible about the incident in order for them to investigate the case further. We encourage you to report a sexual offense promptly so as

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8 to aid in the collection of relevant evidence, particularly forensic evidence. The College also has an agreement with the Yonkers Police Department which obligates the Police Department to respond to criminal reports and to take appropriate action.

Once the police investigation is completed, your case will be referred to the District Attorney’s office. The District Attorney’s office decides whether or not your case will be prosecuted. Some of the factors going into that decision include the amount of evidence available to prove the charge(s) in court. If the District Attorney (DA) decides not to prosecute, it does not mean that the DA doesn’t believe that you were assaulted. It only means that, based on past experience, the DA does not believe that there is sufficient evidence to successfully prosecute the case in court. The standards for finding a violation of criminal law are different from the standards for finding a violation of the College’s Sexual Assault and Harassment Policy. Therefore, criminal

investigations or reports are not determinative of whether sexual misconduct has occurred under the College’s policy. Behavior or conduct may constitute sexual misconduct under the College policy even if the DA decides that there is insufficient evidence to prove a crime occurred. The filing of a formal complaint with the College is independent of any criminal investigation or proceedings, and the College will not wait for the conclusion of any criminal investigation or proceedings to begin its own investigation and will take interim measures to protect the complainant and the College community as necessary.

What to Do if You Have Experienced Sexual Harassment

 Get to a safe place if you feel that you are in immediate danger or if you need assistance.

 Discuss the incident/behavior with someone to seek support and information. (See Student Handbook; “Who Can You Talk To?” on page 143.)

 File a complaint with the College discipline process or seek mediation.

See the Student Handbook (page 156) for information or here for information on filing a complaint through the College discipline process.

Mediation is an option in sexual harassment cases if both the complainant and the respondent agree to participate. You are never required to mediate a claim of sexual harassment; it is merely an option available to the parties in such cases. And if sexual misconduct and/or assault are part of the complaint, mediation is not an option. Any person interested in pursuing mediation for resolving a sexual harassment case should contact the hearing coordinator who will arrange for mediation to occur. The hearing coordinator will inform the respondent in writing of the complaint and require a written response to the complaint. The hearing coordinator will choose one trained mediator from among the dean of studies and student life staff members. Mediation normally will begin within one week of the respondent’s receipt of the complaint. The goal of mediation is an agreement between the two parties resolving the matter between them. That agreement may include a specific action or actions to be taken or refrained from on the part of the respondent. At the conclusion of a successful mediation process, both the complainant and the respondent will sign a statement that they are satisfied with the outcome and regard the matter as resolved between them. If the complainant believes the mediation process was

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9 unsuccessful, the complainant may choose to bring a complaint through the College’s discipline process (see Student Handbook; “Filing a Complaint,” page 156).

What to Do if You Have Experienced Sexual Assault, Domestic Violence,

Dating Violence or Stalking

Get to a safe place as soon as possible.

Contact 911 if you are in immediate danger or if you need assistance. If the incident occurred on campus, call Public Safety at (914) 395-2222 for transportation to the Lawrence Hospital

emergency room and/or assistance in talking with the police. Seek medical attention.

The Health and Wellness medical staff is available for assistance Monday through Friday, 9 a.m. to 5 p.m. and will hold the information of your case in confidence unless there is an immediate threat to self or others. Health and Wellness staff can document and treat any injuries resulting from an assault, screen for STIs and pregnancy, and provide important information about available resources and the options you have for reporting the incident to both on- and off-campus authorities. Health and Wellness staff can also assist you in coordinating care at the emergency room.

For after-hours assistance, the College’s on-call doctor is available for consultation. To speak with the on-call doctor, call Westlands Desk at (914) 395-2209 and ask to speak with the doctor on call. The Westlands Desk staff member will page the on-call doctor, who will contact you directly. In order to ensure confidentially, you need not reveal the nature of your call to the Westlands Desk staff; simply ask the staff member to contact the on-call doctor on your behalf. If you are considering filing criminal charges or want to keep your options open in the future, you are encouraged to get an exam to collect medical evidence. Health and Wellness staff can assist you in coordinating this exam at the emergency room. Health and Wellness staff (or you, if you prefer not to go through Health and Wellness) can request that a SAFE (Sexual Assault Forensic Examiner) clinician be called to do the exam at the hospital. Before going to the hospital, try to preserve any physical evidence; do not wash, bathe, douche, go to the bathroom, or change clothing. It is best to collect evidence as soon after the assault as possible; however, an exam can be completed up to five days after an assault.

Regardless of whether a SAFE exam is performed, you are encouraged to seek medical care in order to receive treatment and medication to prevent pregnancy or STDs/STIs.

Discuss the incident/behavior with someone to seek support and information. (Students see Student Handbook; “Who Can You Talk To”)

(Employees may contact the Employee Assistance Program

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10 File a complaint through the College’s discipline process.

(Students see Student Handbook “Filing a Complaint”) for information on filing a complaint through the College discipline process.)

(Employees see Addressing Sexual Harassment/Assault Complaints

https://my.slc.edu/ICS/Employee_Info/Policies_and_Procedures/Sexual_Harassment_and_Assau lt/Addressing_Sexual_HarassmentAssault_Complaints.jnz)

File a police report.

The College strongly encourages students to report all crimes or alleged crimes to the police. Since the College is situated within the city limits of the City of Yonkers, those crimes must be reported to the Yonkers Police Department. Filing a police report will provide legal

documentation in the event of a future offense by the same person, or if the decision is made to prosecute in the future. A police report can be filed at any time, though evidence is likely to be stronger the sooner a report is filed after the incident. Filing a police report does not necessarily mean that further legal action must be taken. You may file a police report directly with the Yonkers Police or, upon request, the AVP for Public Safety and Security will assist you in filing a police report. Filing a police report is distinct from making a complaint through the College’s discipline process (see “Filing a Complaint,” below).

Seek ongoing support.

In addition to providing medical care following an assault, Sarah Lawrence College Health and Wellness mental health staff offers confidential counseling services for students. Counseling options include brief individual therapy, longer-term process groups, and a support group for those who have been sexually assaulted. Sameday appointments are available daily for both medical and mental health services. Appointments can be made online

(my.slc.edu/healthservices) or by calling Health and Wellness at (914) 395-2530 between 9 a.m. and 5 p.m., Monday through Friday.

Filing a Complaint

If you have experienced sexual harassment and/or sexual assault, you are strongly encouraged to file a complaint with the College, with the police, or with both. To file a complaint and initiate the College’s discipline process for an alleged violation of this policy, contact any of the people listed below. They will explain the complaint procedures and discipline process as well as coordinate the College’s response with the hearing coordinator.

 Title IX Coordinator, (914) 395-2527

 Dean of Student Affairs, (914) 395-2575

 Dean of the College, (914) 395-2303

 VP Human Resources, (914) 395-2365

 Dean of Studies and Student Life, (914) 395-2249

Reporting sexual harassment or a sexual assault incident to any College employee other than Health and Wellness staff will initiate a campus investigation. All College employees (including

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11 faculty, staff with the exception of Health and Wellness staff, and resident advisers) who become aware of an incident of sexual harassment, sexual misconduct, and/or sexual assault are required to notify the AVP for Public Safety and Security who will initiate a campus investigation into the matter.

Note: You are encouraged to file a complaint promptly. While there is no deadline for filing a complaint, in order for a student hearing to occur, the respondent must be enrolled at the College at the time the complaint is made and throughout the hearing process. The College will, however, investigate all complaints made by students and about students who are no longer enrolled at the College or employees who are no longer employed. The investigation of such complaints will be performed by the AVP of public safety and security. A determination or decision about the results of the investigation may or may not take the form of a hearing as described in the discipline process for violations of this policy (see Student Handbook; “Discipline Process” or the procedure for Addressing Complaints against Employees at

https://my.slc.edu/ICS/Employee_Info/Policies_and_Procedures/Sexual_Harassment_and_Assau lt/Addressing_Sexual_HarassmentAssault_Complaints.jnz)

A student on a leave of absence who is accused of violation of this policy may not return until a hearing has been held. For the respondent or student accused who withdraws from the institution while such conduct charges are pending, and declines to complete the disciplinary process, institutions shall make a notation on the transcript of such students that they "withdrew with conduct charges pending.”

Prevention and Education

All members of the Sarah Lawrence community play a role in creating a culture of safety and respect and in eliminating sexual harassment, sexual misconduct, and sexual assault. You can protect yourself from hurting others by educating yourself on what consent really means. Without consent, anyone is at risk of committing a violation of this policy.

The majority of people do not commit sexual harassment or sexual assault. However, many people witness varying degrees of sexually offensive conduct. The actions you take by intervening at any level send the clear message that disrespectful, demeaning, and violent

behavior is not acceptable. Such an intervention may serve to educate and prevent someone from committing a sexual offense in the future, and may empower and validate the person

experiencing the behavior. Making a choice to denounce violence of any kind is a choice that supports a peaceful, respectful, and vibrant community.

The following are steps you can take to help make this a safer community (Safe Bystander Intervention):

 Call Public Safety if you witness a violent or potentially violent situation, are aware of an assault taking place, or are concerned for someone’s safety.

 Intervene if you believe someone’s boundaries are being violated or that they are in a potentially uncomfortable or unsafe situation; ask if they are comfortable with the

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12 situation and if they are in need of any assistance. Alternatively, you may alert other sources of assistance (e.g., Public Safety, Residence Life staff, or other employees in the vicinity). If you are not able to say something at the time of the incident, or if you are still concerned about the person’s wellbeing, follow up with them later by asking how they felt about the incident and if the person would like assistance in getting support.

 If you hear someone acting, speaking, or telling jokes in a manner that is offensive, demeaning, or abusive to a targeted person or group of people, ask them to stop.

 If you are aware that an incident of sexual harassment, sexual misconduct, or sexual assault has taken place, encourage the person to report the incident and seek support. The College provides a variety of educational programs for students, faculty, and staff regarding sexual harassment, sexual misconduct, and sexual assault. Examples of such programs include:

 The College requires all employees to participate in an interactive online program that outlines current laws against sexual harassment and provides examples that clearly illustrate situations and behaviors to be avoided. Employees must take the program when first employed and then at least once every three (3) years thereafter throughout

employment

 Workshops sponsored by Public Safety and Security on sexual assault prevention and self-defense

 Annual mandatory new student orientation programs on campus and community safety and security issues, including sexual assault prevention

 Information provided by Health and Wellness and the Office of Student Affairs about risk reduction and prevention, as well as resources for sexual assault education and prevention tips, including a Web site and brochures

 Programs sponsored by the Health and Wellness Subcommittee throughout the year

 Public Safety staff participates in annual training in conjunction with the local Victims Assistance Services

 All new incoming students are required to take an online Consent and Respect Course

 Poster communications on “What to Do if You Have Been Sexually Assaulted” are posted throughout campus

 Ongoing workshops regarding consent and sexual violence are presented during each academic year

 Bystander Training will be offered during new student orientation

A comprehensive description of the College’s Prevention and Education programs are listed in Appendix 2.

Procedures the College Will Follow When Sexual Assault and Stalking,

Dating Violence or Domestic Violence is Reported

Incident Being

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13 Sexual Assault 1. College will provide reporter with access to medical care

2. College will assess immediate safety needs of reporter College will assist reporter with contacting local police if reporter requests AND provide the reporter with contact information for local police department

3. College will provide reporter with referrals to on and off campus mental health providers

4. College will assess need to implement interim or long-term protective measures, if appropriate.

5. College will provide the reporter with a written explanation of the reporter’s rights and options

6. College will provide a “No trespass” (PNG) directive to accused party (non-community member) if deemed appropriate or No-Contact Order if community member providing the reporter so desires or if the College deems it necessary.

7. College will provide written instructions on how to apply for Protective Order

8. College will provide a copy of the policy applicable to Sexual Assault to the reporter and inform the reporter regarding timeframes for inquiry, investigation and resolution 9. College will inform the reporter of the outcome of the

investigation, whether or not the accused will be administratively charged and what the outcome of the hearing is.

10. College will enforce the anti-retaliation policy and take immediate and separate action against parties that retaliate against a person for reporting sex-based discrimination or for assisting in the investigation.

11. If the incident occurred within the campus/perimeter of the college or any college program, the college will send out a safety alert via blast email.

12. College will provide written information to reporter on how to preserve evidence

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14 Stalking, Dating

Violence and Domestic Violence

1. College will assess immediate safety needs of reporter 2. College will assist reporter with contacting local police if

reporter requests AND provide the reporter with contact information for local police department

3. College will provide written instructions on how to apply for Protective Order

4. College will provide written information to reporter on how to preserve evidence

5. College will assess need to implement interim or long-term protective measures to protect the reporter, if appropriate 6. College will provide the reporter with a written explanation of

the reporter’s rights and options

College will provide a “No trespass” (PNG) directive to accused party (non-community member) if deemed appropriate or No-Contact Order if community member providing the reporter so desires or if the College deems it necessary.

Assistance for Victims: Rights & Options

Regardless of whether a victim elects to pursue a criminal complaint or whether the offense is alleged to have occurred on or off campus, the college will assist victims of sexual assault, domestic violence, dating violence, and stalking and will provide each victim with a written explanation of their rights and options. Such written information will include:

 the procedures victims should follow if a crime of dating violence, domestic violence, sexual assault or stalking has occurred;

 information about how the institution will protect the confidentiality of victims and other necessary parties;

 a statement that the institution will provide written notification to students and employees about victim services within the institution and in the community;

 a statement regarding the institution’s provisions about options for, available assistance in, and how to request accommodations and protective measures; and

 an explanation of the procedures for institutional disciplinary action The Student Bill of Rights is available in the Student Disciplinary Process.

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Accommodations and Protective Measures Available for Victims

Upon receipt of a report of domestic violence, dating violence, sexual assault or stalking, Sarah Lawrence College will provide written notification to students and employees about

accommodations available to them, including academic, living, transportation and working situations. The written notification will include information regarding the accommodation

options, available assistance in requesting accommodations, and how to request accommodations and protective measures (i.e., the notification will include the name and contact information for the individual or office that should be contacted to request the accommodations).

At the victim’s request, and to the extent of the victim’s cooperation and consent, College offices will work cooperatively to assist the victim in obtaining accommodations. If reasonably

available, a victim may be offered changes to academic, living, working or transportation situations regardless of whether the victim chooses to report the crime to campus police or local law enforcement. Examples of options for a potential change to the academic situation may be to transfer to a different section of a class, withdraw and take a class at another time if there is no option for moving to a different section, etc. Potential changes to living situations may include moving to a different room or residence hall. Possible changes to work situations may include changing working hours. Possible changes in transportation may include having the student or employee park in a different location, assisting the student or employee with a safety escort, etc.

College No Contact Order

The college may issue an institutional no contact order if deemed appropriate or at the request of the reporter or accused. If the College receives a report that such an institutional no contact order has been violated, the College will initiate disciplinary proceedings appropriate to the status of the accused (student, employee, etc.) and will impose sanctions if the accused is found

responsible for violating the no contact order.

Orders of Protection

Sarah Lawrence College recognizes orders of protection by directing any person who obtains an order of protection to provide a copy to the AVP of Public Safety. A reporter may then meet with the AVP of Public Safety to develop a Safety Action Plan, which is a plan for campus security and the victim to reduce risk of harm while on campus or coming and going from campus. This plan may include, but is not limited to escorts, special parking arrangements, changing

housing/academic/campus work arrangements, etc.

Cases in which there is no order of protection in place

Please note, even if there is no order of protection in place, with victims of Sexual

Assault/Dating Violence/Stalking and Domestic Violence the college can still help you with a safety action plan. This plan may include, but is not limited to escorts, special parking

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16 A comprehensive discussion of orders of protection is available in Appendix 3.

Sex Offender Registration

The federal Campus Sex Crimes Prevention Act, enacted on October 28, 2000, requires

institutions of higher education to issue a statement advising the campus community where law enforcement agency information provided by a State concerning registered sex offenders may be obtained. It also requires sex offenders already required to register in a State to provide notice, as required under State law, of each institution of higher education in that State at which the person is employed, carries on a vocation, volunteers services or is a student. Information regarding sexual offenders is available through the New York State Offender Registry at

http://criminaljustice.state.ny.us/nsor/ or 1-800- 262-3257.

Family Educations Rights and Privacy Act of 1974 (FERPA)

Compliance with the provisions of the SLC Policy on Sexual Harassment, Sexual Assault, Domestic Violence, Dating Violence and Sexual Assault does not constitute a violation of

section 444 of the General Education Provisions Act (20 U.S.C. 1232g), commonly known as the Family Educations Rights and Privacy Act of 1974 (FERPA).

College and Community Resources

Sarah Lawrence College offers a myriad of services/resources to assist victims of sexual assault, domestic violence, dating violence, and stalking. These include counseling services, medical services, victim advocates (via Westchester County Victims Assistance Services), visa and immigration assistance and legal assistance (via Pace Law School Women’s Justice Center). The college also has the ability to utilize remedies to prevent contact between a reporter and an accused party.

The following resources are available to students and other members of the Sarah Lawrence community for information and support concerning sexual harassment and sexual assault.

On-Campus Resources

Sexual Harassment/Sexual Assault Liaison (914) 395-2350: The College’s Sexual Assault and Sexual Harassment Liaison is available in a confidential setting to provide information regarding on- and off campus resources, on- and off-campus reporting options, and the College’s discipline process. The liaison is available weekdays between 9 a.m. and 5 p.m.

Health and Wellness Center (914) 395-2350: You may speak with a Health and Wellness staff member openly and without fear of initiating an investigation, so long as there is no imminent danger to yourself or others. Therapists are available to provide confidential support and counseling; medical staff can answer medical questions and provide follow-up medical care, including emergency contraception. Health and Wellness staff are available in Lyles House from 9 a.m. to 5 p.m., Monday through Friday.

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17 Public Safety (914) 395-2222: Sarah Lawrence Public Safety staff members are available to respond to and intervene in dangerous or potentially dangerous situations, can transport you to the hospital, and can help you stay safe. Public Safety staff members are available to assist 24 hours a day, seven days a week.

Student Affairs (914) 395-2575: Student Affairs staff members are available to assist you in accessing support resources and answer questions about College policy and the discipline process. Student Affairs staff are available 9 a.m. to 5 p.m., Monday through Friday. For after-hours emergencies, a member of the Student Affairs staff is available by calling Public Safety at (914) 395-2222.

ON CAMPUS

Type of Services

Available Service Provider Contact Information Counseling Mental Health

Counseling

Dina Nunziato (914) 395-2350

Health Medical Care Mary Hartnett (914) 395-2350

Student Financial Aid Financial Aid Assistance

Nick Salinas (914) 395-2570

Visa and Immigration Visa/Immigration Advice Shirley Be/Daniel Licht/Alba Coronel (914) 395-2505/2301/2371 Academic Academic Accommodations Danny Trujillo (914) 395-2252 Housing Housing Accommodations Myra Mcphee (914) 395-2252 Employment-Student Employment Accommodations Cate Douglas (914) 395-2572

Public Safety Safety

Plans/Transportation Larry Hoffman (914) 395-2385 Employment-Employees Employment Accommodations Julie Auster (914) 395-2365

Off-Campus Resources

The following organizations provide 24-hour assistance for persons dealing with violence: Westchester County Victims Assistance Services Crisis Helpline (for anyone)

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18 (855) VAS-CALL (Toll-Free)

www.westcop.org/victims-assistance/

My Sisters’ Place Domestic Violence Shelter and Hotline (for women) (800) 298-SAFE (7233)

www.mysistersplaceny.org

New York City Gay & Lesbian Anti-Violence Project Hotline (for the lesbian, gay, transgender, bisexual, and HIV-affected communities)

(212) 714-1141 www.avp.org

Hudson Valley Justice Center Provides free legal services to the immigrant community with various civil legal issues, including Housing, Immigration and Wage Theft.

30 South Broadway, 6th floor, Yonkers, NY 10701 (914) 308-3490

www.HVJC.org

National Sexual Assault Hotline; operated by RAINN (Rape, Abuse, Incest, National Network)

(800) 656-HOPE (4673) www.rainn.org

Pace Law School Women’s Justice Center (Legal Assistance for female and male victims) (914) 422-4628

Rape Crisis Help Line (24 hrs) (914) 345-9111

State Domestic Violence Hotline (24 hrs) (800) 942-6906

Yonkers Criminal Court (914) 377-6354

Yonkers Family Court (914) 831-6525

Yonkers Police Department (non-emergency) (914) 377-7900

Westchester County District Attorney Yonkers Branch (914) 377-6400

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19 NY State dedicated hotline for reporting sexual assaults on college and university campuses (844) 845-7269

OFF CAMPUS

Type of Services

Available Service Provider Contact Information Yonkers Police

(non-emergency)

Law Enforcement Yonkers Police (914) 377-7900

Health Medical Services,

Forensic Exam

Westchester Medical Center (Forensic Acute Care Team)

(914) 493-7307

Mental Health Mental Health Assistance

Westchester County Victim Assistance Services

(914) 345-9111

Victim Advocacy Advocacy Westchester County Victim Assistance Services

(914) 345-9111

Legal Assistance Orders of Protection, Legal Rights

Pace Law School Women’s Justice Center

(914) 422-4628

Visa and Immigration Assistance Visa/Immigration Advice Hudson Valley Justice Center (914) 308-3490

District Attorney Legal Westchester County District Attorney

(914) 377-6400

Other resources available to persons who report being the victim of sexual assault, domestic violence, dating violence, or stalking, include:

Department of Justice

www.ovw.usdoj.gov/sexassault.htm

Appendix 1-NYS Penal Code

New York State definition of stalking

Stalking in the Fourth Degree: When a person intentionally, and for not legitimate purpose, engages in a course of conduct directed at a specific person, and knows or reasonably should know that such conduct (1) is likely to cause reasonable fear of material harm to the physical health, safety or property of such person, a member of such person’s immediate family or a third party with whom such person is acquainted; or (2) causes material harm to the mental or

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20 initiating communication or contact with such person, a member of such person’s immediate family or a third party with whom such person is acquainted, and the actor was previously clearly informed to cease that conduct; or (3) is likely to cause such person to reasonably fear that his or her employment, business or career is threatened, where such conduct consists of appearing, telephoning or initiating communication or contact at such person’s place of employment or business, and the actor was previously clearly informed to cease that conduct. Stalking in the Third Degree: When a person (1) Commits the crime of stalking in the fourth degree against any person in three or more separate transactions, for which the actor has not been previously convicted; or (2) commits the crime of stalking in the fourth degree against any person, and has previously been convicted, within the preceding ten years of a specified predicate crime and the victim of such specified predicate crime is the victim, or an immediate family member of the victim, of the present offense; or (3) with an intent to harass, annoy or alarm a specific person, intentionally engages in a course of conduct directed at such person which is likely to cause such person to reasonably fear physical injury or serious physical injury, the commission of a sex offense against, or the kidnapping, unlawful imprisonment or death of such person or a member of such person’s immediate family; or (4) commits the crime or

stalking in the fourth degree and has previously been convicted within the preceding ten years of stalking in the fourth degree.

Stalking in the Second Degree: When a person: (1) Commits the crime of stalking in the third degree and in the course of and furtherance of the commission of such offense: (a) displays, or possesses and threatens the use of, a firearm, pistol, revolver, rifle, sword, billy, blackjack, bludgeon, plastic knuckles, metal knuckles, chuka stick, sand bag, sandclub, sligshot, slungshot, shirken, “Kung Fu Star,” dagger, dangerous knife, dirk, razor, stiletto, imitation pistol, dangerous instrument, deadly instrument or deadly weapons; or (b) displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or (2) commits the crime of stalking in the third against any person, and has previously been convicted, within the preceding five years, of a specified predicate crime, and the victim of such specified predicate crime is the victim, or an immediate family member of the victim, of the present offense; or (3) commits the crime of stalking in the fourth degree and has previously been convicted of stalking in the third degree; or (4) being 21 years of age or older, repeatedly follows a person under the age of fourteen or engages in a course of conduct or repeatedly commits acts over a period of time intentionally placing or attempting to place such person who is under the age of fourteen in reasonable fear of physical injury, serious physical injury or death; or (5) commits the crime of stalking in the third degree, against ten or more persons, in ten or more separate transactions, for which the actor has not been previously convicted.

Stalking in the First Degree: When a person commits the crime of stalking in the third degree or stalking in the second degree and, in the course and furtherance thereof, he or she intentionally or recklessly causes physical injury to the victim of such crime.

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21 Lack of consent results from: forcible compulsion; or incapacity to consent; or where the offense charged is sexual abuse or forcible touching, any circumstances, in addition to forcible

compulsion or incapacity to consent, in which the victim does not expressly or impliedly

acquiesce in the actor’s conduct. Where the offense charged is rape in the third degree, a criminal sexual act in the third degree, or forcible compulsion in circumstances under which, at the time of the act of intercourse, oral sexual conduct or anal sexual conduct, the victim clearly expressed that he or she did not consent to engage in such act, and a reasonable person in the actor’s

situation would have understood such person’s words and acts as an expression of lack of consent to such act under all the circumstances. A person is incapable of consent when he or she is: less than 17 years old; or mentally disabled; or mentally incapacitated; or physically helpless; or committed to the care and custody of the state department of correctional services, a hospital, the office of children and family services and is in residential care, or the other person is a resident or inpatient of a residential facility operated by the office of mental health, the office for people with development disabilities, or the office of alcoholism and substance abuse services, and the actor is an employee, not married to such person, who knows or reasonably should know that such person is committed to the care and custody of such department or hospital.

130.00 Sex offenses; definitions of terms.

The following definitions are applicable to this article:

1. “Sexual intercourse” has its ordinary meaning and occurs upon any penetration, however slight.

2. (a) “Oral sexual conduct” means conduct between persons consisting of contact between the mouth and the penis, the mouth and the anus, or the mouth and the vulva or vagina. (b) “Anal sexual conduct” means conduct between persons consisting of contact between the penis and the anus. (Eff.11/1/03,Ch.264,L.2003)

3. “Sexual contact” means any touching of the sexual or other intimate parts of a person not married to the actor for the purpose of gratifying sexual desire of either party. It includes the touching of the actor by the victim, as well as the touching of the victim by the actor, whether directly or through clothing.

4. For the purposes of this article “married” means the existence of the relationship between the actor and the victim as spouseswhich is recognized by law at the time the actor commits an offense proscribed by this article against the victim.

(Eff.11/1/03,Ch.264,L.2003)

5. “Mentally disabled” means that a person suffers from a mental disease or defect which renders him or her incapable of appraising the nature of his or her conduct.

6. “Mentally incapacitated” means that a person is rendered temporarily incapable of appraising or controlling his conduct owing to the influence of a narcotic or intoxicating substance administered to him without his consent, or to any other act committed upon him without his consent.

7. “Physically helpless” means that a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act.

8. “Forcible compulsion” means to compel by either: (a) use of physical force; or

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22 (b) a threat, express or implied, which places a person in fear of immediate death or physical injury to himself, herself or another person, or in fear that he, she, or another person will immediately be kidnapped.

9. “Foreign object” means any instrument or article which, when inserted in the vagina, urethra, penis or rectum, is capable of causing physical injury.

10. “Sexual conduct” means sexual intercourse, oral sexual conduct, anal sexual conduct, aggravated sexual contact, or sexual contact.(Eff.11/1/03,Ch.264,L.2003)

11. “Aggravated sexual contact” means inserting, other than for a valid medical purpose, a foreign object in the vagina, urethra, penis or rectum of a child, thereby causing physical injury to such child.

12. “Health care provider” means any person who is, or is required to be, licensed or

registered or holds himself or herself out to be licensed or registered, or provides services as if he or she were licensed or registered in the profession of medicine, chiropractic, dentistry or podiatry under any of the following: article one hundred thirty-one, one hundred thirty-two, one hundred thirty-three, or one hundred forty-one of the education law.

13. “Mental health care provider” means any person who is, or is required to be, licensed or registered, or holds himself or herself out to be licensed or registered, or provides mental health services as if he or she were licensed or registered in the profession of medicine, psychology or social work under any of the following: article one hundred thirty-one, one hundred fifty-three, or one hundred fifty-four of the education law.

§130.05 Sex offenses; lack of consent.

1. Whether or not specifically stated, it is an element of every offense defined in this article that the sexual act was committed without consent of the victim.

(Eff.11/1/03,Ch.264.L.2003)

2. Lack of consent results from: (a) Forcible compulsion; or (b) Incapacity to consent; or

(c) Where the offense charged is sexual abuse of forcible touching, any circumstances, in addition to forcible compulsion or incapacity to consent, in which the victim does not expressly or impliedly acquiesce in the actor’s conduct; or (Eff.11/1/03,Ch.264.L.2003) (d) Where the offense charged is rape in the third degree as defined in subdivision three of section 130.25, or criminal sexual act in the third degree as defined in subdivision three of section 130.40, in addition to forcible compulsion, circumstances under which, at the time of the act of intercourse or deviate sexual intercourse, the victim clearly

expressed that he or she did not consent to engage in such act, and a reasonable person in the actor’s situation would have understood such person’s words and acts as an

expression of lack of consent to such act under all the circumstances.

(Eff.11/1/03,Ch.264.L.2003)

3. A person is deemed incapable of consent when he or she is: (a) less than seventeen years old; or

(b) mentally disabled; or (c) mentally incapacitated; or

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23 (d) physically helpless; or

(e) committed to the care and custody of the state department of correctional services or a hospital, as such term is defined in subdivision two of section four hundred of the

correction law, and the actor is an employee, not married to such person, who knows or reasonably should know that such person is committed to the care and custody of such department or hospital. For purposes of this paragraph,“employee” means (i) an employee of the state department of correctional services who performs professional duties in a state correctional facility consisting of providing custody, medical or mental health services, counseling services, educational programs, or vocational training for inmates; (ii) an employee of the division of parole who performs professional duties in a state correctional facility and who provides institutional parole services pursuant to section two hundred fifty-nine-e of the executive law; or (iii) an employee of the office of mental health who performs professional duties in a state correctional facility or hospital, as such term is defined in subdivision two of section four hundred of the correction law, consisting of providing custody, or medical or mental health services for such inmates; or (f) committed to the care and custody of a local correctional facility, as such term is defined in subdivision two of section forty of the correction law, and the actor is an employee, not married to such person, who knows or reasonably should know that such person is committed to the care and custody of such facility. For purposes of this paragraph,“employee” means an employee of the local correctional facility where the person is committed who performs professional duties consisting of providing custody, medical or mental health services, counseling services, educational services, or

vocational training for inmates; or

(g) committed to or placed with the office of children and family services and in

residential care, and the actor is an employee, not married to such person, who knows or reasonably should know that such person is committed to or placed with such office of children and family services and in residential care. For purposes of this

paragraph,“employee” means an employee of the office of children and family services or of a residential facility who performs duties consisting of providing custody, medical or mental health services, counseling services, educational services, or vocational training for persons committed to or placed with the office of children and family services and in residential care; or

(h) a client or patient and the actor is a health care provider or mental health care provider charged with rape in the third degree as defined in section 130.25, criminal sexual act in the third degree as defined in section 130.40, aggravated sexual abuse in the fourth degree as defined in section 130.65-a, or sexual abuse in the third degree as defined in section 130.55, and the act of sexual conduct occurs during a treatment session, consultation, interview, or examination. (Eff.11/1/03,Ch.264,L.2003)

§130.10 Sex offenses; limitations; defenses.

1. In any prosecution under this article in which the victim’s lack of consent is based solely upon his or her incapacity to consent because he or she was mentally disabled, mentally incapacitated or physically helpless, it is an affirmative defense that the defendant, at the

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24 time he or she engaged in the conduct constituting the offense, did not know of the facts or conditions responsible for such incapacity to consent.

2. Conduct performed for a valid medical or mental health care purpose shall not constitute a violation of any section of this article in which incapacity to consent is based on the circumstances set forth in paragraph (h) of subdivision three of section 130.05 of this article.

3. In any prosecution for the crime of rape in the third degree as defined in section 130.25, criminal sexual act in the third degree as defined in section 130.40, aggravated sexual abuse in the fourth degree as defined in section 130.65-a, or sexual abuse in the third degree as defined in section 130.55 in which incapacity to consent is based on the circumstances set forth in paragraph (h) of subdivision three of section 130.05 of this article, it shall be an affirmative defense that the client or patient consented to such conduct charged after having been expressly advised by the health care or mental health care provider that such conduct was not performed for a valid medical purpose.

(Eff.11/1/03,Ch.264.L.2003)

4. In any prosecution under this article in which the victim’s lack of consent is based solely on his or her incapacity to consent because he or she was less then seventeen years old, mentally disabled, or a client or patient and the actor is a health care provider, it shall be a defense that the defendant was married to the victim as defined in subdivision four of section 130.00 of this article. (Eff.11/1/03,Ch.264,L.2003)

§130.16 Sex offenses; corroboration.

A person shall not be convicted of any offense defined in this article of which lack of consent is an element but results solely from incapacity to consent because of the victim’s mental defect, or mental incapacity, or an attempt to commit the same, solely on the testimony of the victim, unsupported by other evidence tending to:

(a) Establish that an attempt was made to engage the victim in sexual intercourse, oral sexual conduct, anal sexual conduct, or sexual contact, as the case may be, at the time of the occurrence; and (Eff.11/1/03,Ch.264,L.2003)

(b) Connect the defendant with the commission of the offense or attempted offense.

§130.20 Sexual misconduct.

A person is guilty of sexual misconduct when:

1. He or she engages in sexual intercourse with another person without such person’s consent; or

2. He or she engages in oral sexual conduct or anal sexual conduct with another person without such person’s consent; or (Eff.11/1/03,Ch.264,L.2003)

3. He or she engages in sexual conduct with an animal or a dead human body. Sexual misconduct is a class A misdemeanor.

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25

§130.25 Rape in the third degree.

A person is guilty of rape in the third degree when:

1. He or she engages in sexual intercourse with another person who is incapable of consent by reason of some factor other than being less than seventeen years old;

2. Being twenty-one years old or more, he or she engages in sexual intercourse with another person less than seventeen years old; or

3. He or she engages in sexual intercourse with another person without such person’s consent where such lack of consent is by reason of some factor other than incapacity to consent.

Rape in the third degree is a class E felony.

§130.30 Rape in the second degree.

A person is guilty of rape in the second degree when:

1. being eighteen years old or more, he or she engages in sexual intercourse with another person less than fifteen years old; or

2. he or she engages in sexual intercourse with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated.

It shall be an affirmative defense to the crime of rape in the second degree as defined in

subdivision one of this section that the defendant was less than four years older than the victim at the time of the act.

Rape in the second degree is a class D felony.

§130.35 Rape in the first degree.

A person is guilty of rape in the first degree when he or she engages in sexual intercourse with another person:

1. By forcible compulsion; or

2. Who is incapable of consent by reason of being physically helpless; or 3. Who is less than eleven years old; or

4. Who is less than thirteen years old and the actor is eighteen years old or more. Rape in the first degree is a class B felony.

§130.40 Criminal sexual act in the third degree.

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26 1. He or she engages in oral sexual conduct or anal sexual conduct with a person who is

incapable of consent by reason of some factor other than being less than seventeen years old.

2. Being twenty-one years old or more, he or she engages in oral sexual conduct or anal sexual conduct with a person less than seventeen years old; or

3. He or she engages in oral sexual conduct or anal sexual conduct with another person without such person’s consent where such lack of consent is by reason of some factor other than incapacity to consent. (Eff.11/1/03,Ch.264,L.2003)

Criminal sexual act in the third degree is a class E felony.

§130.45 Criminal sexual act in the second degree.

A person is guilty of criminal sexual act in the second degree when:

1. being eighteen years old or more, he or she engages in oral sexual conduct or anal sexual conduct with another person less than fifteen years old; or

2. he or she engages in oral sexual conduct or anal sexual conduct with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated. It shall be an affirmative defense to the crime of criminal sexual act in the second degree as defined in subdivision one of this section that the defendant was less than four years older than the victim at the time of the act. (Eff.11/1/03,Ch.264,L.2003)

Criminal sexual act in the second degree is a class D felony.

§130.50 Criminal sexual act in the first degree.

A person is guilty of criminal sexual act in the first degree when he or she engages in oral sexual conduct or anal sexual conduct with another person: (Eff.11/1/03,Ch.264,L.2003)

1. By forcible compulsion; or

2. Who is incapable of consent by means of being physically helpless; or 3. Who is less than eleven years old; or

4. Who is less than thirteen years old and the actor is eighteen years old or more. Criminal sexual act in the first degree is a class B felony.(Eff.11/1/03,Ch.264,L.2003)

§130.52 Forcible touching.

A person is guilty of forcible touching when such person intentionally, and for no legitimate purpose, forcibly touches the sexual or other intimate parts of another person for the purpose of degrading or abusing such person; or for the purpose of gratifying the actor’s sexual desire. For the purposes of this section, forcible touching includes squeezing, grabbing or pinching. Forcible touching is a class A misdemeanor.(Eff.11/1/03,Ch.264,L.2003)

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27

§130.53 Persistent sexual abuse.

A person is guilty of persistent sexual abuse when he or she commits the crime of forcible touching, as defined in section 130.52 of this article, sexual abuse in the third degree, as defined in section 130.55 of this article, or sexual abuse in the second degree, as defined in section 130.60 of this article, and, within the previous ten year period, has been convicted two or more times, in separate criminal transactions for which sentence was imposed on separate occasions, of forcible touching, as defined in section 130.52 of this article, sexual abuse in the third degree as defined in section 130.55 of this article, sexual abuse in the second degree, as defined in section 130.60 of this article, or any offense defined in this article, of which the commission or attempted commission thereof is a felony.(Eff.11/1/03,Ch.264,L.2003)

Persistent sexual abuse is a class E felony.

§130.55 Sexual abuse in the third degree.

A person is guilty of sexual abuse in the third degree when he or she subjects another person to sexual contact without the latter’s consent; except that in any prosecution under this section, it is an affirmative defense that (a) such other person’s lack of consent was due solely to incapacity to consent by reason of being less than seventeen years old, and (b) such other person was more than fourteen years old, and (c) the defendant was less than five years older than such other person.

Sexual abuse in the third degree is a class B misdemeanor.

§130.60 Sexual abuse in the second degree.

A person is guilty of sexual abuse in the second degree when he or she subjects another person to sexual contact and when such other person is:

1. Incapable of consent by reason of some factor other than being less than seventeen years old; or

2. Less than fourteen years old.

Sexual abuse in the second degree is a class A misdemeanor.

§130.65 Sexual abuse in the first degree.

1. A person is guilty of sexual abuse in the first degree when he or she subjects another person to sexual contact:

(a) By forcible compulsion; or

(b) When the other person is incapable of consent by reason of being physically helpless; or

(c) When the other person is less than eleven years old. Sexual abuse in the first degree is a class D felony.

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